MANILA — Leaders of the Senate and House of Representatives met Wednesday night and agreed to “momentarily set aside” their differences and determine what specific amendments or revisions in the 1987 Constitution would be tackled.

“We have decided to focus on the revisions that have to be made rather than how these changes will be effected,” Senate President Aquilino Pimentel III said.

“After this we can tackle how we will go about enacting these amendments in a manner that maximizes citizen involvement and is consistent with the law,” he added.

The Senate chief said the contrasting views of the two Houses of Congress on how to amend the Constitution “should not distract us from the crux of this exercise: to make revisions to the charter that will help improve our people’s lives.”

Asked if the verbal tussle between the Senate and House officials is over, Sotto said: “Yes.”

Senate leaders maintained that voting on amendments or revisions to the 31-year-old Charter should be separate. But House leaders insist on pushing through with the revisions without the Senate.

Alvarez blamed framers of the Constitution for not stating clearly on how both Houses of congress should vote – jointly or separately – in amending the Charter.

Senator Francis Escudero urged pro-federalism lawmakers to present the type of federalism model they intend to adopt before arguing over how Congress should vote on the measure.

“All I’m hearing are just concepts. There are no details yet on what kind, or shape or color of this proposed federalism they want to lay down and implement in this country. I haven’t even seen any specific content,” Escudero said in an interview.

“What type of model do they want to use? Would it be similar to America? Malaysia? I also wish to know if this is applicable to our nation or not,” Escudero pointed out.

“Those considerations should come first before any actual proposed amendments,” he stressed.

Escudero had earlier pushed for a comprehensive study on the proposal to amend the Constitution ahead of discussions on whether the Senate and the House of Representatives should convene or not to change the Charter.

Even President Duterte’s promise of forming a Commission that would conduct a deeper study on Charter change (Cha-cha) has not yet been formed, he noted.

“So why are we going to debate on why we should convene when the Commission that is supposed to study this proposal hasn’t even started?” Escudero queried.

President Duterte, Pimentel, and Alvarez want a shift to federalism from the current bicameral, presidential form of government. The three are members of the PartidoDemokratiko Pilipino–Lakasng Bayan (PDP-Laban) where Pimentel sits as president.

Former Senate President Aquilino Q. Pimentel Jr., the acclaimed father of the Local Government Code and main architect of the federal movement, expressed hopes the shift to federalism is done during Duterte’s term which ends in 2022.

“I believe it is abundantly clear that a review of our Charter is long overdue, as repeatedly stressed by the resource persons at the Senate hearing tackling constitutional amendments,” the younger Pimentel said.

Legal luminaries during the January 17 hearing of the Senate Committee on Constitutional Amendments and Revision of Codes stressed it was high time to review and make changes to the three decade-old Constitution.

Retired Supreme Court Associate Justice Adolfo Azcuna, a member of the 1986 Constitutional Commission, pointed out that the present Constitution “is the longest running Constitution of the Philippines unamended; not a single comma has been changed. Should you amend or revise the Constitution? Yes, because it’s already 30 years.”

Former Chief Justice Reynato Puno agreed with Azcuna, stressing the world has changed since the Constitution was drafted.

“I would like to think that it is time to give the ’87 Constitution a look over, a no-nonsense review,” Puno said.

“Conditions have changed. The political, the social and the economic configuration, not only of the Philippines, but the whole world have changed. We now have globalization. We now see the effects of the revolution caused by technology.” he added.

DAVAO CITY — Which should come first – federalism or the Bangsamoro Basic Law (BBL)?

For President Duterte, only under a federal system can the constitutional questions on the BBL be resolved.

“So let’s start to sort it out. Let us show the Moro that we are trying our best, that those constitutional provisions that will be violated can be corrected if there is a federal setup coming,” the President told a press briefing here upon his arrival from India early yesterday in response to a reporter’s question on which of the two should be finalized first.

The BBL, which is being pushed by the Moro Islamic Liberation Front (MILF), is being hampered by questions regarding its constitutionality.

He said the push for federalism began many years ago and that the late president Corazon Aquino had even promised it to Moro National Liberation Front (MNLF) founding chair Nur Misuari.

“I do not want to make a big issue about it but it was the time when Cory Aquino went to Jolo to talk to Misuari and made some concessions about a federal setup,” he pointed out.

He said his administration was “having the beating” for promises unfulfilled during the previous administrations.

“Now it’s in my time that they’re demanding payback,” he said in Filipino.
“And they’re threatening to go to war” or “do something if they are not given the things that they want,” he maintained.

“It is an echo and re-echo of what was promised them,” he said, referring to persistent pleas for self-determination from Mindanao Muslims.

What came out of the government’s efforts then was the creation of the Autonomous Region in Muslim Mindanao (ARMM), he said.

“This is my take: Either we figure out new regions, if I can do it administratively without violating any provision in the Constitution. So if it’s only a matter of laws, then we can ask Congress for the corresponding change,” the President said, apparently referring to Charter change initiatives in Congress.

The crafting of a charter for a federal government was stalled by bickering between the Senate and the House over procedures for voting on amendments. The Senate wanted the two chambers to vote separately while the House leadership insisted they should vote as one.

Leaders of both chambers eventually broke the impasse by agreeing to focus their efforts first on pinpointing amendments and discussing them thoroughly before debating over voting procedures.

The President said he was letting the two chambers resolve their differences by themselves.

“To make public my stand, I never talked to anybody. I have not talked to the Speaker and you can ask them, nor to any congressman, about federal setup,” Duterte said.

He reiterated his appeal to Mindanao Muslims for more patience, and to give the government “a chance to work out something.”

He stressed that war is “the last thing that I would want to happen to my country” and he would exhaust all means to prevent one.

“Let me make myself very clear: I do not want violence, I do not want war. I only want to talk,” the President stressed.

“So let’s avoid violence. If the thing that we are working at now does not fit your paradigm of what you want, we can always talk and change everything,” he said.

“It’s not my style to do that because you are not criminals. This is something which is a matter of principle to everybody,” he pointed out.

The President said he is aware of “historical corrections” that needed to be made for the Bangsamoro people.

“I know that, of the historical corrections needed but at the same time, I can only promise you but I have to stand for the Republic whether I like it or not. Maybe after this… kung ano na lang (whatever comes). I’m not saying I’m postponing. It can be discussed together with the proposal,” Duterte said.
Some senators, meanwhile, believe the BBL should be given priority over the proposed shift to federalism.

Sen. Juan Miguel Zubiri , in an interview over radio dwIZ, said the BBL is easier to tackle and could in fact be finalized by March at the House of Representatives and announced by the President in his State of the Nation Address (SONA) in July.

“We should prioritize the BBL because Charter change would take time to complete. Hopefully, if the House would be able to finish their version by March then we can have bicam (bicameral conference committee) meetings during the break and when we resume this can become a law and the President will have something good to include in his SONA in July,” he pointed out.

Zubiri, chairman of the Senate local government subcommittee on the BBL, has begun public hearings on the BBL. He also expressed belief the BBL would not undermine the push for federalism.

“I don’t think federalism would be affected by the BBL because we can incorporate this when you amend the Charter,” Zubiri said.

Zubiri, together with Senate committee on local government chairman Sonny Angara, Sens. Joseph Victor Ejercito, Paolo Benigno Aquino IV, Cynthia Villar and Risa Hontiveros visited Cotabato City, Maguindanao and Marawi City last Thursday and Friday as part of consultations for the BBL.

According to Zubiri, residents in the provinces were eagerly awaiting the approval of the BBL.

“Everyone that we spoke with during the hearings said that what they want the most is for Congress to give them the BBL because this will be the solution to violent extremism,” the senator said. “They will be able to say that the agreement has been fulfilled and now we have genuine peace, autonomy and we no longer have to fight with the government,” he added.

Angara, for his part, challenged those against the BBL to visit Marawi and see what extremists were capable of doing.

“If they are against the BBL then they should be prepared to fight. They should personally fight the terrorists when they emerge,” Angara said.

Zubiri said that he would be ready to sponsor the committee report on the BBL by the end of February. He said he expects the Senate to approve the measure by March 22.

“We must put a stop to violent extremism. Because of the status quo that we are doing, violent extremism is getting strong. The people here are telling us that the peace process was neglected. The government failed to fulfill all its promises. So let us try to stop this. And this is the best time to do it because our president is from Mindanao,” Zubiri said in pitching for BBL.

Sen. Cynthia Villar expressed the same sentiment. “Peace should be promoted in Mindanao so as not to trigger another Marawi siege,” she said.

“I’d like to commit to Sen. Zubiri. We will support the hard work of the chairman and assure that the proposed BBL be reflective and inclusive of all the ambitions and aspirations of the Bangsamoro people,” Angara said.

The BBL hearings at the Senate will continue on Jan. 30. In February, hearings on BBL will be conducted in Basilan, Sulu, Tawi-Tawi and Zamboanga.

Bangsamoro Transition Commission chairman Ghazali Jaafar reiterated his position that the passage of the BBL would pave the way for lasting peace in Mindanao.

Jaafar attended the public consultations on the BBL at the Mindanao State University (MSU) on Friday.

“What happened in Marawi City was caused not because Muslims do not like Christians. What happened in Marawi City is what we are going to address through the Bangsamoro Basic Law,” Jaafar said.

“This problem is a political problem. So it cannot be solved by means of social solution or military solution. It can only be solved through a political solution. What is the political solution? Grant us the implementation of the Bangsamoro (Basic Law),” Jaafar said.

]]>http://thepinoyweekly.com/?feed=rss2&p=848250Duterte eliminates public bidding on big projectshttp://thepinoyweekly.com/?p=84823
http://thepinoyweekly.com/?p=84823#commentsSun, 28 Jan 2018 03:09:12 +0000Atlashttp://thepinoyweekly.com/?p=84823DAVAO CITY — President Rodrigo Duterte on Saturday said he wanted to eliminate the bidding process for public work projects because it has only caused delays in the completion of government projects and bred corruption.

“So henceforth, all projects of the Philippines would be something like a ‘Swiss challenge.’ If I want [a] building, if I want a highway, if I want railroads built, I’ll show to you (contractors) where it is. There would be an open space for everybody,” the President said.

Under the Swiss challenge system, a government agency that receives an unsolicited proposal for a project from a private group invites third parties to match or offer a better proposal. The original project proponent would be allowed to match that counterbid or improve on it.

The current procurement law directs the government to bid out its public works or services projects and the lowest bidder normally is awarded the contract.

“I’m telling everybody, I’m telling Congress, COA (Commission on Audit) and the Supreme Court … that policy of lowest bid … was the one that dragged us into corruption,” Mr. Duterte said. “The country would never have a respite because of that.”

The President lamented the operation of syndicates that he said rigged the bidding for government projects and bribed officials to make money. The result, he said, would be either a substandard or an unfinished project.

Mr. Duterte said the Swiss challenge process would be acceptable to “straight people in the government.”

This would also stop unscrupulous contractors, which he described as a “group of idiots going around just playing golf,” referring to the favored venue where corrupt businessmen concluded their deals.

“That syndicate, they just wait and go their lowest. The true blue contractors are in good faith,” he said.

He warned public works contractors that he would not tolerate excessive delays in their projects and bring them to court if they were delinquent.

He said he was directing the Department of Public Works and Highways to tell contractors to speed up existing projects.

Mr. Duterte said he would only allow, at most, a one-month delay under the principle of slippage, otherwise he would give the project to another group and sue the erring contractor.

He promised those who completed their work correctly and without corruption that they would be rewarded with prompt payment by the government—within 15 days from finishing the job.

The President said he wanted contractors to tell him what was causing any delay so that he could himself deal with the problem which could include bureaucratic paperwork.

“You just tell me. If somebody asks you (for money), tell me, I’ll get the papers for you. I will tell the department secretary or the bureau director, ‘Give the papers to me. I will release it,’” the President said.

Sen. Panfilo Lacson agreed with the President in favoring the Swiss challenge procurement method, saying the current bidding process “leaves a lot to be desired.”

“President Duterte may have a point,” Lacson said in a text message to the Inquirer. “Aside from delays caused by the bidding process, there is no guarantee that end-user agencies get the best quality in the goods and services delivered by winning contractors and suppliers.”

He said that fast-deteriorating infrastructure projects and substandard materials from government suppliers have become so “ubiquitous” that Filipinos were no longer enraged by such malpractice.

“Worse, we have yet to hear a contractor and supplier being jailed for substandard projects and supplies,” Lacson said.

Over the past two decades, several major infrastructure projects have been completed and others were undergoing construction following the Swiss challenge method.

These include Ninoy Aquino International Airport Terminal 3 by the Philippine International Air Terminals Co., Inc.; the NLEx-SLEx Connector road by Metro Pacific Tollways Development Corp. (MPTDC) and its subsidiary, Manila North Tollways Corp.; the Caliraya-Botocan-Kalayaan power plant by the Argentinian company Impsa; the Metro Rail Transit Line 7 by San Miguel Corp. and the Cebu-Mactan toll bridge by MPTDC.

]]>http://thepinoyweekly.com/?feed=rss2&p=848200Duterte spurns EU invitehttp://thepinoyweekly.com/?p=84818
http://thepinoyweekly.com/?p=84818#commentsSun, 28 Jan 2018 03:06:37 +0000Atlashttp://thepinoyweekly.com/?p=84818MANILA — President Rodrigo Duterte spurned an invitation by the European Union to attend the Asia-Europe meeting in Belgium later this year, calling the bloc “imperialist.”

Mr. Duterte, who had thrown expletives at the European Union for criticism of the bloodshed that marked his war on drugs, said the bloc wanted to impose its values on other countries.

“Well, I just don’t like their attitude. That’s all,” the President said.
“So why would I go there to discuss a matter which I hate to talk about in front of them,” Mr. Duterte said upon arriving from India.

He also said a trip to Europe would be expensive.

The European Union, an influential bloc of 28 European countries, wants to “impose their own values, ethos, policy.”

“You have always been imperialists ever since,” he said.

EU Ambassador to the Philippines Franz Jessen earlier said the group had sent an invitation for Mr. Duterte to attend the Asia-Europe meeting in October, which could give Mr. Duterte the chance to have a “more positive understanding of the European Union.”

Mr. Duterte said he would not accept any aid from the European Union if it came with conditions.

“I will not allow the government to be beholden to anyone except to the people,” he said of his rejection of P383 million in EU aid.

Jessen on Wednesday confirmed that the aid, EU-Philippine Trade Related Technical Assistance (TRTA), had been rejected by the Philippines.

Jessen said the Duterte administration was offended by the phrases “rule of law” and “human rights” found on the TRTA document.

The EU envoy said the Duterte administration also wanted to reject at least P2.4 billion in aid meant for sustainable energy projects.

]]>http://thepinoyweekly.com/?feed=rss2&p=848180Duterte threatens to go after left-leaning organizationshttp://thepinoyweekly.com/?p=84816
http://thepinoyweekly.com/?p=84816#commentsSun, 28 Jan 2018 03:05:03 +0000Atlashttp://thepinoyweekly.com/?p=84816DAVAO CITY – President Duterte on Saturday threatened to go after left-leaning organizations as he upped the ante against communist rebels.

Speaking to reporters shortly after his arrival from India, Duterte reiterated his order to destroy the communists, saying “talks with the NPAs are over.”

“I will go after the legal fronts,” Duterte said.

He said he has known all along that progressive groups have been supporting the Maoist insurgency.

“Let’s not kid ourselves,” he said.

The President said he was just waiting for the decision of the Supreme Court on his proclamation declaring the NPA and its allied organizations as terrorists “which you really are.”

“I will look into your transactions, money laundering,” Mr. Duterte said, adding he would also go after businesses paying extortion money to the communists, particularly banana plantations and mining firms.